full text convention on biological diversity

7/29/2019 Full Text Convention on Biological Diversity

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CONVENTION

ON BIOLOGICAL DIVERSITY

UNITED NATIONS

992


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CONVENTION ONBIOLOGICAL DIVERSITY

P r e a m b l e

T h e Contracting P a r t i e s ,

C o n s c i o u s

of the intrinsic value of b i o l o g i c a l diversityand of the

ecological,

genetic,

s o c i a l

economic, scientific, educational,

cultural,

recreational and aesthetic values of b i o l o g i c a l di versity and its

components.

C o n s c i o u s also of the

importance

of

b i o l o g i c a l diversity for

evolution and f o r maintaining l i f e sustaining systems of the biosphere,

Affirming

that

the

conservation

of b i o l o g i c a l

diversity i s

acommon

concern of humankind,

R e a f f i r m i n g that States have sovereign rig hts over their

own

b i o l o g i c a l

resources.

R e a f f i r m i n g a l s o

that States are responsible

f o r

conserving their

b i o l o g i c a l

diversity and for using their biolog ical

resources

in a

sustainable manner,

C o n c e r n e d

that biologic al diversity

is

being

significantly

reduced

by certain human activities.

Aware

of the gnerai lack of information and knowledge regarding

biological

diversity and of the urgent need to develop sc ientific,

technical andinstitutional capacities toprovide the basic

understanding

upon

which to planand implement appropriate measures,

Noting that it is v i t a l to antici pate, prevent and attack the

causes

of significant reduction or loss of biolog ical diversity at source,

Noting a l s o

that where there is a threat of

significant

reduction or

loss of

b i o l o g i c a l diversity,

l a c k of f u l l

scient ific certainty should

not

be used as a

reason

fo r

postponing measures

to

avoid or minim ize

such

a

threat.

Noting f u r t h e r that the fundamental requirement for the

conservation o f biological

diversity

i s

the

i n - s i t u conservation

of

ecosystems

and

natural habitats

and the

maintenance

and recovery of

viable

populations of species in their natural

surroundings,

Noting f u r t h e r

that

ex-si tu

measures, preferably

in thecountry of

origin, also havean important roletoplay,

R e c o g n i z i n g the close and

traditional

dependence ofmany

indigenous

and l o c a l communities embodying traditional lifest yles on biolo gica l

resources,

and the

d e s i r a b i l i t y

of sharing equitably benefits arising


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from

the use of traditional knowledge,

innovations

and practices r e l e v a n t

to

the

conservation

of

biologi cal diversity

and the

sustainable

use of

i t s components,

Recognizing a i

so

the v i t a l

r o l e

that women play in theconservation

and sustainable use of

b i o l o g i c a l

diversity and affirming the neea for

the f u l l participation of women at all

l e v e l s

of policy-making and

implementationfor biol og ica l diversit y conservation,

S t r e s s i n g the importance of,and the need to promote, international,

regional and global

cooperation among

States and

intergovernmental

organizations

and the

non-governmental sector

for the

conservation

of

b i o l o g i c a l

dive rsit y and the sustainable use of its components,

Acknowledging that

th e

provision

of new and

additional f i n a n c i a l

resources and appropriate access to relevant technologies can beexpected

tomake a substantial difference in the world's a b i l i t y to address the

loss

o f

b i o l o g i c a l diversity,

A c k n o w l e d g i n g f u r t h e r that special provision i s required t o

m e e t

theneeds

of

devel oping countries,

including

th e

provision

of new and

additional financial resources and appropriate access to r e l e v a n t

technologies,

N o t i n g i n t h i s regard t h e s p e c i a l c o n d i t i o n s o f t h e l e as t d e v e l o p e d

countries a n d s m a l l i s l a n d States,

Acknowledging

that substantial investments are required to conserve

biological diversity and that there is the expectation of a broad range

of environmental, economic and social benefits from those investments,

Recognizing that economic and s o c i a l development and poverty

eradication are the f i r s t and overriding priorities of

d e v e l o p i n g

countries,

A w a r e

that conservation andsustainable use of

b i o l o g i c a l d i v e r s i t y

i s

of

c r i t i c a l

importance for meeting th e

food,

health andotherneeds of

thegrowing worl d population , for which purpose access to and sharing of

both genetic resources and technologiesare essential,

N o t i n g that, u l t i m a t e l y the conservation and sustainable use of

b i o l o g i c a l diversity w i l l strengthen frie ndly relations among Statesand

contribute

to peace for

humankind,

D e s i r i n g

to

enhance

and

complement existing international

arrangements

for the conservation of

b i o l o g i c a l

diversity and sustainable

use of its components, and

D e t e r m i n e d

to

conserve

and

sustainably

u se

biological diversity

for

the benefit of present and future generations.


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Have agreed

as f o l l o w s :

A r t i c l e I O b j e c t i v e s

The

objectives

of

this Convention,

to be

pursued

in

accordance

w i t h

i t s

relevant provisions,

are the

conservation

of

b i o l o g i c a l diversity.

the sustainable use of its components and the fair and equ ita ble sharing

of

the benefits arising out of the uti liza tio n of genetic resources,

i n c l u d i n g

by appropriate

access

to genetic

resources

and by appropriate

transfer of relevant technologies, taking

i n t o account

all rights over

those

resources

and to

technologies,

and by

appropriate funding.

AT

t i c I

e 2 . U s e o f T e r m s

For th e

purposes

of t his Convention:

B i o l o g i c a l d i v e r s i t y

means the

v a r i a b i l i t y among

l i v i n g organisms from

a l l sources

including,

i n t e r a l i a , t e r r e s t r i a l

marineand other aquatic

ecosystems and the eco log ical complexesof which they

are

part:

t h i s

i n c l u d e s

divers ity with in species, between species and of ecosystems.

B i o l o g i c a l r e s o u r c e s '

includes genetic resources, organisms

or

parts

thereof,

populations, or any other b i o t i c

component

of ecosystems

w i t h

actual

or

potential

use or value for humanity.

B i o t e c h n o l o g y means

any technological application that

uses

b i o l o g i c a l

systems,

l i v i n g

organisms, or derivatives thereof, to make or modify

products or

processes

forspecific use.

C o u n t r y o f origin o f genetic r e s o u r c e s means t h e

country whi ch

possesses those genetic resources

i n i n - s i t u

conditions.

C o u n t r y providing g e n e t i c r e s o u r c e s '

means thecountry supplying genetic

resources col lec ted from

i n ~ s i t u sources,

includ ing populations

of

both

w i l d and domesticated species, ortaken from

e x - s i

tusources, w h i c h may

or may not

have originated

i n

that

country.

D o m e s t i c a t e d o r c u l t i v a t e d s p e c i e s '

means

species

i n

which

t h e

evolutionary

process has

been influenced

by humans to

meet their

needs.

E c o s y s t e m

means

a dynamic complex of plant , animal and micro-organism

communities

and

their non-living environment interacting

as a

functional

unit.

E x - s i t u c o n s e r v a t i o n

means the conservation ofcomponents of b i o l o g i c a l

diversity outside their natural habitats.

G e n e t i c m a t e r i a l means a n y m a t e r i a l o f p l a n t a n i m a l m i c r o b i a l o r

other or ig in containing functional units

of

heredity.

G e n e t i c r e s o u r c e s

means

genetic

m a t e r i a l

o f

actual

o r

p o t e n t i a l

v a l u e .


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' H a b i t a t means the place

or

type of site where an organism orpopulation

naturally

occurs.

In-situ conditions' means

- o n d i t i o n s

where genetic resources

e x i s t

wi thi n

ecosystems and natural habita ts, and. in thecase of domesticated

or cultivated species, in thesurroundings where they have developed

their distinct ive properties.

In-situ conservation' means the conservation of ecosystems and natural

habitats

and the

maintenance

and

recovery

of

viable populations

of

species in their natural surroundings and, in the

case

of domesticated or

cultivated

species, in the surroundings where they have developed the ir

distinctive

properties.

Protected

a r e a means a geographically defined

area

which is designated

or

regulated and managed to achieve specific conservation objectives.

Regional

economic

i n t e g r a t i o n organization means an organization

constituted

by

sovereign States

of a

given region,

to

which

its

member

States have transferred competence in respect of matters governed by t h i s

Conventionand which has been du ly authorized, in accordance

w i t h

i t s

internal procedures, to sign, rati fy, accept, approve oraccede to it.

Sustainable

use

means

the use of

components

of biological diversity

i n

a way and at a

rate

that does not leadto the long-term decline of

biological diversity, thereby maintaining its potential to meet theneeds

and aspirations of present and future generations.

T e c h n o l o g y

includes

biotechnology.

Article 3. Principle

States have, in

accordance

with t he

Charter

of the United Nations

and the principles of international law, the

sovereign

right to exploit

theirown resources

pursuant

to theirown environmental p o l i c i e s and the

responsibility

to

ensure that activities within their jurisdiction

or

control do not

cause damage

to the

e nvironment

of

other States

or of

areas

beyond

the

l i m i t s

of national jurisdiction.

Article

4.

Jurisdictional

Scope

Subject to the rights of other States, and except as otherwise

expressly provided in this Convention, the provisions of this Convention

apply, in relationto each Contracting Party:

(a) In the

case

of

components

of

biological diversity,

in

areas

within the

l i m i t s

of its national jurisdiction; and


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(b) In the

case

of

processes

and

a c t i v i t i e s regardless

of

where

t h e i r

effects occur, carried out under it s jurisdiction or control,

within the

area

of its

national jurisdiction

or

beyond

th e l i m i t s of

national jurisdiction.

Article 5 .

C o o p e r a t i o n

Each Contracting Party s h a l l as far as possible and as appropriate,

cooperate

with

other Contracting

Parties,

dir ect ly or. where

appropriate,

through competent international organizations, in respect ofareas beyond

national jurisdiction and on other matters of mutual interest,

for

the

conservation

and

sustainable

use of

b i o l o g i c a l

diversity.

A r t i c l e

6 .

G e n e r a l Measures f o r

C o n s e r v a t i o n

a n d

S u s t a i n a b l e

U s e

Each Contracting Party s h a l l in accordance with its particular

conditions and c a p a b i l i t i e s :

(a) Develop national strategies, plans or programmes for the

conservation

and

sustainable

use of

b i o l o g i c a l diversity

or

adapt

for

t h i s purpose existing strategies, plans

or

programmes which s h a l l

reflect, i n t e r a l i a , th emeasures set out in this Convention relevant to

the Contracting Party concerned; and

(b) Integrate, as far as possible and as appropriate, the

conservation and sustainable use of

b i o l o g i c a l

divers ity into relevant

sectoral or cross-sectoral plans , programmes and poli cie s.

A r t i c l e 7 . I d e n t i f i c a t i o n a n d M o n i t o r i n g

Each Contracting Party s h a l l as far as possible and as

appropriate,

i n

particular for thepurposes of Articles 8 to 10:

(a) Identifycomponents of bio log ica l diversity important for its

conservation and sustainable use having regard to the indicat ive

l i s t

of

categories

set

down

in

Annex I:

(b) Monitor, through

sampling

and other techniques, thecomponents

of

biological diversity identified pursuant to subparagraph (a) above,

paying particular attention

to

those requiring urgent conservation

measures

and

those which offer

the

greatest potential

for

sustainable

use;

(c) Identify

processes

and

categories

of activities

which have

or

are l i k e l y to have significant adverse impacts on the conservation and

sustainable use of biolog ical diversity , and monitor their effects

through

sampling

and other techniques; and

(d)

Maintain

and

organize,

by any

mechanism data, derived from

identification and monitoring act ivit ies pursuant to subparagraphs (a),

(b) and (c)

above.


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Article

8 .

I n - s i t u C o n s e r v a t i o n

Each Contracting Party

s h a l l

asfar as possible and as appropriate:

(a) Establish a system of protected areas or areas where s p e c i a l

measures need to be taken to conserve

b i o l o g i c a l

diversity:

(b) Develop, where necessary, guidel ines for the selection,

establishmentand

management

of

protected areas

or

areas where special

measures need to be taken to conserve

b i o l o g i c a l

diversity:

(c) Regulate or

manage b i o l o g i c a l

resources important

for

th e

conservation of

biological

diver sity whether

within

or outside protected

areas,

w i t h

a

view

to ensuring the ir conservation and sustaina ble

use;

(d) Promote the protection of ecosystems, natural habitat s and the

maintenance of

viable

populationsof species in natural

surroundings:

(e) Promote environmentally sound and sustainable d evelopment i n

areas adjacent to protected areas w i t h a

view

to furthering protection of

these

areas:

(f) Rehabilitate and restore degraded ecosystems and promote the

recovery of threatened species,

i n t e r

a l i a ,

through th edevelopment and

implementationof plans or other management strategies:

(g)

Establish

or maintain means to regulat e, manage or control the

risks

associated wi th

the use and

release

o f l i v i n g

mod ifi ed organisms

resulting from biotechnology whic h

are

l i k e l y

to

have adverse

environmental impacts that could affect the conservation and sustainable

use of

biological

diversity, taking also into account the risks to human

health:

(h) Prevent the introduction of, control or eradicate those a l i e n

species whi ch threaten ecosystems, habitatsor species:

(i)

Endeavour to provide the conditions needed for

c o m p a t i b i l i t y

between present uses

and the

conservation

of biological

diversity

and the

sustainable use of its

components:

(j) Subject to its

national

l e g i s l a t i o n respect, preserve and

mainta in knowledge, innovations and practices of indigenous and l o c a l

communities embodying t raditio nal

l i f e s t y l e s

relevant for the


b i o l o g i c a l

diversit y and promote

their

wider application

with

theapprovaland involvement of theholders

of

such

knowledge,

innovations and practices and encourage the eq uit abl e

sharing

of the

benefits arising from

the u t i l i z a t i o n of

such knowledge,

innovations and practice s:


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(k) Develop or maint ain necessary

l e g i s l a t i o n

and/or other

regulatory provisions for the protection of threatened species and

populations:

(1)

Where

a

significant adverse effect

on b i o l o g i c a l

diversity

has

been determ ined pursuant to A r t i c l e 7, regulate ormanage therelevant

processes and categ ories of

a c t i v i t i e s :

and

(m) Cooperate

in

providing financial

and

other support

fo r

i n - s i t u

conservation

o u t l i n e d

in

subparagraphs

(a) to (1)above,

p a r t i c u l a r l y

to

developing countries.

A r t i c l e 9 .

E x - s i

t u C o n s e r v a t i o n

Each Contracting Party s h a l l as far as possible and as

appropriate,

and predominantly for the purpose of complementing i n - s i t u measures:

(a)

Adopt measures

for the

e x - s i tu conservation

of

components

of

b i o l o g i c a l d i v e r s i t y preferably

in tne

country

of

origin

of

such

components

:

(b) Establish andmaintain f a c i l i t i e s

for

e x - s i t u

conservation of

and research onplants, animals and

micro-organisms,

preferably in the

country

of

origin

of

geneti c resources:

(c) Adopt measures for the recovery and

rehabilitation

of

threatened species and for their

reintroduction

into

t h e i r

natural

habitat s under appropriate conditions;

(d)

Regulate

and

manage

c o l l e c t i o n of b i o l o g i c a l

resources from

natural habitats for e x - s i t u conservation purposes so as not to threaten

ecosystems and i n - s i t u

populations

of

species, except where special

temporary

e x - s i

tu measures

are

required under subparagraph

(c)

above:

and

(e) Cooperate in provi ding financi al and other support for e x - s i t u

conservation

o u t l i n e d in

subparagraphs

(a) to (d)

above

and in the

establishment

and

maintenance

of

e x - s i t u

conservation

f a c i l i t i e s

in

developing

countries.

A r t i c l e 1 0 . S u s t a i n a b l e U s e o f

C o m p o n e n t s

o f B i o l o g i c a l

D i v e r s i t y

Each

Contracting Party s h a l l as far as possi ble and as appropriate:

(a)

Integrate consideration

of the conservation and

sustainable

use

of

b i o l o g i c a l

resources

i n t o

national decision-making;

(b) Adopt measures

r e l a t i n g

to the use of

b i o l o g i c a l

resources to

avoidor m i n i m i z e adverse impactson b i o l o g i c a l diversity;


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c

Protect encourage customary use of biological resources i n

accordance wi th traditional

cultural

practices that

are

compatible with

conservation or sustainable use requirements;

(d) Support

l o c a l

populations to develop and implement remedial

action indegraded areas where b i o l o g i c a l diversity ha sbeen reduced;

and

e Encouragecooperation between i t s governmental authoriti es and

i t s private sector

in

develo ping methods for sustainable

use of

biological resources.

. A r t i c l e

1 1 . I n c e n

t i v e Measures

Each

Contracting

Party s h a l l ,

as far as

possible

and as

appropriate,

adopt economi call y and

socially

sound measures that act as incentives for

the

conservation

and

sustainable

use of

components

of biological

diversity.

A r t i c l e

1 2 . R e s e a r c h a n d T r a i n i n g

The Contracting Parties, taking intoaccount thespecial needs of

developing

countries, s h a l l :

(a) Establish and mainta in programmes for scienti fic and technical

education and training in

measures

for the identifi cation, conservation

and sustainable use of biological dive rsi ty and its components and

provi de support for such education

and

training

for the

specifi c needs

of

developing countries:

(b) Promote and encourage research whi ch contributes to the

conservation and sustainable use of bi olo gica l diversity, particul arly in

developing countries,

i n t e r

alia in accordance with decisionsof the

Conference of the Parties taken inconsequence of

recommendations

of the

Subsidiary Body on Scientific, Technical and Technological Advice: and

(c) In keeping wi th the provisions of Art ic le s 1 6 . 13 and 20.

promote and cooperate in the use of

scientific

advances i n b i o l o g i c a l

diversity

research

in

developi ng methods

for

conservation

and

sustainable

use of bi ological

resources.

A r t i c l e

1 3 . P u b l i c E d u c a t i o n a n d A w a r e n e s s

T h e Contracting Parties s h a l l :

(a) Promote andencourage understandingof the importance of. and

themeasures required for,

the

conservation

of

biological diversity,

as

w e l l as itspropagation through medi a, and the inclusionofthese topics

i n

educational programmes; and


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(b) Cooperate, as

appropriate,

with other States and international

organizations

in developing educational and

p u b l i c

awareness

programmes,

with

respect

to

conservation

and

sustainable

use of b i o l o g i c a l

diversity.

Article

1 4 . I m p a c t A s s e s s m e n t a n d Minimizing

Adverse

I m p a c t s

1 . Each Contracting Party, as far as possible and as appropriate,

s h a i 1

:

(a) Introduce appropriat e procedures requ irin g environm ental impact

assessment

of its

proposed projects that are

l i k e i y

to

have significant

adverse eff ects

on

b i o l o g i c a l diversity with

a

view

to

avoiding

or

m i n i m i z i n g such effects and, where appropriate. a l l o w

for p u b l i c

participation i n

such procedures;

(b) Introduce appropriate arrangements to ensure that the

environmental

consequences

of its

programmes

and

policiesthat

are l i k e l y

t o have significantadverse impacts

on b i o l o g i c a l

diversity

are d u l y

taken i n t o account:

(c)

Promote,

on the

basis

of

reciprocity, notification,exchange

n f

information and

consultation

on

a c t i v i t i e s under t h e i r jurisdiction

or

control which are l i k e l y to s i g n i f i c a n t l y affect

adversely

the b i o l o g i c a l

diversity of

other States

or

areas beyond

the

l i m i t s

of

national

jurisdiction, by

encouraging

the

conclusion

of

b i l a t e r a l regional

or

m u l t i l a t e r a l arrangements,

as

appropriate;

(d) In the case of imminentor grave danger ordamage, origin ating

under i t s jurisdiction or control, to

b i o l o g i c a l

diversity within th e

area under jurisdiction

of

other States

or in

areas beyond

the

l i m i t s

of

national jurisdiction, notify i m m e d i a t e l y

the

potentiallyaffected States

o f such danger

or

damage,

as

w e l l

as

i n i t i a t e action

to

prevent

or

m i n i m i z e such danger or damage; and

(e) Promote national arrangements

for

emergency responses to

a c t i v i t i e s

or

events, whether caused natu rall y

or otherwise,

which

present a

grave

and i m m i n e n t

danger

to b i o l o g i c a l

diversity

and

encourage

international

cooperation

to

supplement such national efforts and, where

appropriate

and

agreed

by the

States

or

regional economic Integration

organizations concerned, toestablishjoint contingency plans .

2. The Conference of the

Parties s h a l l

examine, on thebasis ofstudies

to be

carried out,

the

issue

of l i a b i l i t y an d redress,

including

restoration andcompensation, for

damage

to

b i o l o g i c a l d i v e r s i t y except

wheresuch l i a b i l i t y

i sa

purely internalmatter.

A r t i c l e

1 5 .

A c c e s s t o Genetic R esources

1 . Recognizing the sovereign rights of States over their natural

resources, the authority todetermineaccess togenetic resources rests

with the

national governments

and

i s

subject

to national

l e g i s l a t i o n .


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2. Each Contract ing Party

s h a l l

endeavour

to

create

renditions to

f a c i l i t a t e access to geneticresources fo r

environmentally

sound uses by

other Contracting Parties and not to impose restri ctions that run counter

to

theobjectivesofthis Convention.

3.

For

the purpose of

t h i s

Convention, the genetic resources being

provided by a Contracting Party,as referred to inthis A r t i c l e and

A r t i c l e s

16 and

1 9 are only those that

ar e

provided

by

Contracting

Parties that are countries of ori gin of such resources or by the Parties

that

have acquired

the

genet ic resources

in

accordance

w i t h t h i s

Convention.

4. Access, where granted, s h a l l be on m u t u a l l y agreed terms and subject

to theprovisionso f this A r t i c l e .

5 . Access

to

geneticresources s h a l l

be

subject

to

prior informed

consent o f the Contracting Party providin g such resources, unless

otherwise determinedbythat

Party.

6. Each Cont racting Party s h a l l endeavour

to

develop

and

carry

ou t

s c i e n t i f i c research based on gene tic resources provided by other

Contracting Parties w i t h the f u l l

participation of,

a nd wherepossible

i n . such Contracting Parties.

7. Each Contracting Party

s h a l l

take l e g i s l a t i v e administrativeor

policymeasures,

as

appropriate,

and in

accordance with Articles

16 and

19 and, where necessary, through the financ ial mechanism establishedby

A r t i c l e s

20 and 21

with

the aim of sharing in a fair and equit able way

the

resultsof research and development and the benefits arising from the

commercial and other

u t i l i z a t i o n

of gene tic resources wit h the

Contracting Party pro vidi ng such resources. Such sharing s h a l l be upon

mutuallyagreed

terms.

A r t i c l e

1 6 . Access t o a n d T r a n s f e r o f

T e c h n o l o g y

1 Each Contracting

Party,

recognizing that technology inc lud es

biotechnology, and that both access to and transfer of technology

among

Contracting Parties

ar e

essential elements

for the

attainment

of the

objectives

of t h i s Convention,

undertakes subject

to the

provisions

of

this A r t i c l e

to provide

and/or

facilitate

access

for and transfer to

other Contracting Parties of technologies that are relevant to the


b i o l o g i c a l

diversity or make use of

genetic resources

and do not

cause sig nificant damage

to the

environment.

2. Access to and transfer of technology referred to

i n paragraph

1

above to developing countries s h a l l be providedand/or faci lita ted under

fair

and most favourable terms , incl uding on concessional and

preferential terms where mutually agreed, and, where necessary,

in

accordance

w i t h the

financial

mechanism established by Art icl es 20 and

21. In the

case

of

technology subject

to

patents

and

other i n t e l l e c t u a l

property

r i g h t s

such access and transfer

s h a l l

be provided on terms

10


13/30

which recognize

and

are consistent with

the

adequate

and

effective

protection of i n t e l l e c t u a l

property rights.

The application of this

paragraph s h a l l be consistent w it h

paragraphs

3,4 and 5 below.

3. Each Contracting Party

s h a l l

take

l e g i s l a t i v e

administrative or

p o l i c y measures, asappropriate, wi th the aimthat Contracting Parties,

i n particu lar those that are developing countries, which provide genetic

resources are provided access to and transfer of technology which makes

use of those resources, on mutually agreed terms, includi ng technology

protected by

patents

and

other

i n t e l l e c t u a l

property righ ts, where

necessary, through the provisions of Artic les 20 and 21 and inaccordance

with international law and consistent wit h paragraphs 4 and 5 below.

4.

Each Contracting Party s h a l l take l e g i s l a t i v e administrative or

p o l i c y measures, as appropriate, with the aimthat theprivate sector

facilitates access

to,

joint development

and

transfer

of

technology

referred to in

paragraph

1

above

for the

benefit

of

both governmental

institutions

and the

privat e sector

of

developing countries

and in

this

regard s h a l l abide

by the

obligations included

in

paragraphs 1 .

2 and 3

above.

5 .

The

Contracting

Parties,

recognizing that patents

and

other

i n t e l l e c t u a lproperty rights may have

an

influence on the

implementation

o f t h i s

Convention,

s h a l l

cooperate

in this

regard subject

to

national

l e g i s l a t i o nand

international

law inorder toensure that such rights are

supportiveof and do not run

counter

to itsobjectives.

Article 1 7 . E x c h a n g e o f I n f o r m a t i o n

1 .

The

Contracting Parties

s h a l l

facilitate

th e

exchange

of

information,

from

a l l

p u b l i c l y ava ila bl e sources, relevant to the

conservation

and

sustainable

use of

biological diver sity , taking into

account the special needs of develo ping countries.

2. Such exchange

of

information s h a l l include exchange

of

results

of

technical, s c i e n t i f i c a nd socio-economic research, as

w e l l

as information

on

training

and

surveying

programme s,

specialized knowledge, indigenous

and

t r a d i t i o n a l knowledge

as

such

and in

combination wit h

the

technologies referred to in Article 16, paragraph 1. It s h a l l also,

where

f e a s i b l e includerepatriation

of

information.

A r t i c l e

1 8 . T e c h n i c a l a n d S c i e n t i f i c

C o o p e r a t i o n

1 . The

Contracting Parties s h a l l promote international technical

and

scientific cooperation

in the f i e l d of

conservation

an d

sustainable

use

of b i o l o g i c a l

diversity, where necessary, through

the

appropriate

international and

national

institutions.

1 1


14/30

2. Each Contracting Party s h a l l promote technical and scientifi c

cooperation

with

other Contracting Parties, i n particular

developing

countries,

in implementing

this Convention, i n t e r alia through

the

development

and

implementation

of

national polici es.

In

promoting such

cooperation, special attention should be given to the

development

and

strengthening of national capabilities, by means of human resources

development

and institution b u i l d i n g .

3. TheConference of the

Parties,

at i t s

first meeting, s h a l l determine

how

to establish a clearinghouse mechanism to promote and

f a c i l i t a t e

technical

and scientific cooperation.

4. The Contracting Parties s h a l l , i n

accordance

w i t h national

legislation

and

policies,encourage

and

develop methods

of

cooperation

for the

development

and use of

technologies, including indigenous

and

traditional technologies, in pursuance of the objectives of this

Convention. For thispurpose, theContracting Parties s h a l l also promote

cooperation in thetrainingof personnel and exchange of experts.

5. The Contracting Parties s h a l l , subjectto

m u t u a l

agreement, promote

the

establishment

of joint researcn programmes and joint ventures for the

development

of technologies relevan t to the objectives of t h i s

Convention.

A r t i c l e 1 9 . H a n d l i n g o f

B i o t e c h n o l o g y

a n d D i s t r i b u t i o n o f

i t s

B e n e f i t s

1.

Each Contracting Party

s h a l l

take l e g i s l a t i v e , administrative or

policy

measures,

as appropriate. to provide for the Affective

participation in

biotechnological

research

activities

D y those

Contracting Parties, especi all y devel opi ng countries, wh ic hprovide the

genetic resources

for

such research,

and

where feasible

i n

such

Contracting

Parties.

2. Each Contracting Party s h a l l take al l practicabl e measures to

promote and advance pri ori ty access on a f a i r and equitablebasis by

Contracting

Parties,

especiallydevelopingcountries, to results and

benefits arising from

biotechnologies

based upon geneti c resources

provided

by

those Contracting Parties. Such

access

s h a l l

be on

m u t u a l l y

agreed terms.

3. The Parties

s h a l l

consider the need for and modal it ie s of a protocol

setting

out

appropriate procedures, inc ludi ng,

in

particular, advance

informed agreement,

in the

f i e l d

of the

safe transfer, handling

and use

of any l i v i n g modified organism result ing from biotechnology that may

have adverse effect on the conservation and sustai nab le use of

b i o l o g i c a l

diversity.

4. Each Contracting Party s h a l l , directlyor by requiring anynatural

or

l e g a l

person under

its

jurisdiction providing

the

organisms referred

to in paragraph 3 above, provi de any

a v a i l a b l e

information about the use

and safety regulations required by that Contracting Party in han dli ng

1 2


15/30

such o rganisms, as w e l l as any

a v a i l a b l e

information on the

potential

adverse impact of thespecif ic organisms concerned to the Contracting

Party into whic h those organisms are

to be

introduced.

Article

2 0 . F i n a n c i a l

Resources

1 . Each Contracting Party undertakes

to

provide,

in

accordance with i t s

capabilities, financial support and incentives in respect of those

national activitieswhich are intendedto achieve theobjectives of t h i s

Convention,

in

accordance

wi th

its national plans,

priorities

and

programmes.

2.

Th e

deve loped country Parties

s h a l l

provide

new and additional

financial

resources to enable developing country Parties to meet the

agreed

f u l l

incremental costs to them of implementing measures which

f u l f i l

the obligations of

this

Convention and tobenefit from

i t s

provisions and which costs are agreed between a developing country Party

and the institutional structure referred to in Article 21, in accordance

with

policy, strategy, programme

priorities

a nd

e l i g i b i l i t y

criteria and

an

indicative l i s t

of

incremental costs est ablishe d

by the

Conference

n f

the Parties. Other Parties, including countries undergoingthe process

of transition

to a

market economy,

may

voluntarilyassume

the

obligations

of the dev elo ped country Parties. For thepurpose of

this

A r t i c l e the

Conference

of the

Parties,

s h a l l

at its

first

meeting establish

a

l i s t

o f

developed

country Parties

and

other Parties which volu nta rily assume ihe

obligations

of the

de veloped country Parties.

The

Conference

of the

Parties

s h a l l periodically review and if

necessary

amend the l i s t .

Contributions from other countries and sources on a voluntary basiswould

also

be

encouraged.

The

implementation

of

these commitments s h a l l take

into

account th e need fo r adequacy,

predictability

and t i m e l y

flow

of

funds

and the

importance

of

burden-sharing among

the

contributing Parties

included in the

l i s t .

3.

The

develo ped country Parties

may

also provide,

and

developing

country Parties

avail

themselves of, financial resources relat ed to the

implementation

of this Convention through b i l a t e r a l regional and other

m u l t i l a t e r a l

channels.

4. The

extent

to which developing country

Parties

w i l l

e f f e ct ively

implement

their commitments under thi s Convention w i l l depend on the

effective

implementat

io n by developed

country

Parties of t h e i r

commitments under thi s Convention related

to

financial resources

and

transfer of technology an d w i l l take f u l l y into account thefact that

economic

an d social

development

and

eradication

of

poverty

are the f i r s t

andoverriding priorities of the dev eloping country Parties.

5. The Parties shall take f u l l account of the specific needs and

special situation of leastdeveloped countries in their actions

w i t h

regard to funding and transfer of

technology.

1 3


16/30

6. The Contracting Parties s h a l l also take

into

consideration the

special conditionsresulting from

the dependence on, distributionand

locationof.

b i o l o g i c a l diversity wit hi n developing country Parties,

in

particular s m a l l i s l a n d States.

7. Consideration

s h a l l

also be given to the special situation of

developing countries,

i n c l u d i n g

those that are most

environmentally

v u l n e r a b l e such as those wi th aridand semi-aridzones, coastal and

mountainous areas.

A r t i c l e 2 1 . F i n a n c i a ]

M e c h a n i s m

1 . There s h a l l

be a

mechanism

for the

provision

of

financial resources

to devel oping country Parties forpurposes of this Convention on a grant

or concessional basis

the

essential element s

of

which

are

described

in

this

A r t i c l e .

The mechanism s h a l l function under the authority and

guidance of,and beaccountable to. the Conference of the Parties for

purposes of t h i s Convention. The operations of the mechanism s h a l l be

carried out by such i n s t i t u t i o n a l structure as may be decided upon by the

Conference

of the Parties at its f i r s t

meeting.

For

purposes

of t h i s

Convention, the Conference of the Parties s h a l l determine the

p o l i c y

strategy,

programme

p r i o r i t i e s and

e l i g i b i l i t y criteria

r e l a t i n g to the

access to and u t i l i z a t i o n of such resources. The contributions s h a l l be

such as totake

into

account the need for

p r e d i c t a b i l i t y

adequacy and

t i m e l y f l o w of

funds referred

to in A r t i c l e 20 in

accordance

w i t h the

amount

of

resources needed

to be

decided

periodicallyby the Conference

of the Parties and the importance of

burden-sharing

among the

contributing Parties included in the l i s t referred to in A r t i c l e 20 ,

paragraph 2. Voluntary contributions may also be made by the deve loped

country Parties and by other countries and sources. The mechanism s h a l l

operate withina democraticand transparent system of governance.

2. Pursuant to theobjectivesof thi s Convention, theConference of the

Parties s h a l l at its f i r s t meeting determine the

p o l i c y

strategy and

programme p r i o r i t i e s as w e l l asdetailed criteriaand g u i d e l i n e s for

e l i g i b i l i t y for access to and

u t i l i z a t i o n

of the f i n a n c i a l resources

including

monitoring and evaluation on a regular basis of such

utilization.

The Conference of the Parties

s h a l l

decide on the

arrangements to

give

effect toparagraph 1 above after consultation with

the

i n s t i t u t i o na l

structure entrusted wi th the operation of the financial

mechanism.

3. The

Conference

of the

Parties

s h a l l

review

the

effectiveness

of the

mechanism established under

this

A r t i c l e . including the

criteria

and

guidelinesreferred to

i n

paragraph 2 above, not less than two years

after the entry

i n t o

force of this Convention and thereafter on a regular

basis. Based on such rev iew ,

i t : s h a l l

take appropriate action to improve

theeffectivenessof the mechanism if

necessary.

1 4


17/30

4. F h e Contracting Parties

s h a l l

consider strengthening e x i s t i n g

financial institutions to provi de finan cial resources for the

conservation and sustai nabl e use of b i o l o g i c a l diversity.

Article

2 2 . Relationship

w i t h

Other

I n t e r n a t i o n a l

Co nve ntio ns

1.

The

provisions

of

this Convention

s h a l l not

affect

the

rights

and obl igat ion s of any Contracting Party deri vi ng from any existi ng

international

agreement,

except where the exerciseof those ri ghts ana

obligations w o u l d cause

a

serious damage

or

threat

to

b i o l o g i c a l

diversity.

2. Contracting Parties s h a l l implement this Convention wi th

respect

to the

marine environment

consistently w i t h the

rights

and

obl igati ons of States under the law of the sea.

A r t i c l e 2 3 . Conference o f t h e Parties

1 .

A

Conference

o f t h e

Parties

i s

hereby established.

T h e

f i r s t

m e e t i n g of theconference of the Parties

s h a l l

be convened by the

Executive Director of the United Nati ons Environment Programme not l a t e r

than one year after the entry into force of this Convention.

Thereafter,

ordinary meetingsof theConference of the Parties

s h a l l

be h e l d at

r e g u l a r i n t e r v a l s to be determined by the Conference at its first

meeting.

2. Extraordinary meeti ngs of the Conference of the Parties

s h a l l

be

h e l d

at such other times as may be deemed necessary by theConference, or

at the

wri tten request

of any

Party, provi ded that, w i t h i n

si x

months

of

the request bei ng communicated to them by the Secretariat, it is

supported by at l e a s t one thi rd of the Parties.

3. The Conference of the Parties s h a l l by consensus agree uponand

adopt r u l e s of procedurefor i t s e l f and for any subsi diary body i t may

e s t a b i i s n . as

\ \

as

financial

r u l e s

governing

the

funding

of

T h e

Secretariat. A t eacn ordina ry meeting, i t s h a l l adopt

a

budget

f o r T h e

f i n a n c i a l period u n t i l t h e next ordinary m e e t i n g ' .

4 . T h e Conference o f t h e Parties

s h a l l

keep under r e v i e w t h e

i m p l e m e n t a t i o n o f t h i s Convention, and, f o r t h i s purpose, s h a l l :

(a)

E s t a b l i s h

the

form

and the

intervals

for

transmitting

the

i n f o r m a t i o n

to be

submitted i n accordance wi th Art ic l e

26 and

consider

sucn information as

w e i i

as reports submitted by any subsidiary body:

(b )

Review scientific, technical

and

technological advice

on

b i o l o g i c a l

diver sit y provided

i n accordance

w i t h

A r t i c l e

25 :

(c)

Consider

ana

adopt,

as

required, protocols

in

accordance

w i t h

A r t i c l e

28:

1 5


18/30

(d) Consider and adopt, asrequired, i n accordance

w i t h A r t i c l e s

29

and

30,amendments

to

thi s Convention

and i t s annexes:

(e)

Consider amendments

to any

protocol,

as w e l l as to any

annexes

thereto,

and. if sodecided, recommend

t h e i r

adoptionto the parties to

theprotocol concerned:

(f)

Consider

andadopt,as

required,

in

accordance w i t h A r t i c l e

30.

additional annexes

to

thisConvention:

(g) Establi sh such subsidiary bodies, p a r t i c u l a r l y to provide

scientific and technical advice, as are deemed necessary

for

the

implementation

of t hi s Convention:

(h) Contact, through the Secretariat, the executive

bodies

of

conventions dealing

with

matters covered

by

thi s Convention

w i t h a

v i e w

to

estab li shing appropriate forms

of

cooperation

with

them;

and

(i) Consider and undertake any a d d i t i o n a l action that may be

required

for theachievement of thepurposesof

t h i s

Convention i n the

l i g h t of experience gained in i t s operation.

5. The

U n i t e d N

7

a t i o n s .

its

s p e c i a l i z e d agencies

and the

International

Atomic Energy Agency,as w e l l as anyStatenotParty to thi s Convention,

may 'oe

represented

as

observers

at meetings of the

Conference

of the

Parties.

Any

other body

or

agency, whether governmental

o r

non

governmental,

qualified

i n

f i e l d s r e l a t i n g to conservation and

sustainable use of

b i o l o g i c a l

d i v e r s i t y , which has informed the

Secretariat of itswishto berepresentedas anobserver at ameeting of

t h e Conference of the

Parties,

may beadmitted unless at leastone third

of the Parties present object. Theadmission and participation of

observers

s h a l l

be subject to the r u l e s of procedure adopted by the

Conferenceof theParties.

Article 2 4 .

S e c r e t a r i a t

i .

secretariat i s hereby established. I t s functions s h a l l b e :

(a) To arrange for and service meetingsof theConference of the

Parties provided

f o r

i n Article 2 J 3:

(b) To

perform

the

functi ons assigned

to it by any

protocol:

(c) Toprepare reportson the executionof its functions under this

Convention and present them to theConference of the Parties:

(d) To coordinate wi th other relevant international bodies and, in

particular to

enter

into

suchadministrative

and

contractual arrangements

as may be

required

for the

effective discharge

of its

functions;

and

1 6


19/30

(e) To perform such other functionsas may be determined by t h e

Conference

of the

Parties.

2 . A t i t s f i r s t

ordinary mee ting ,

t h e Conference o f t h e

Parties

s h a l l

designat e the secretariat f r o m amongst those existing competent

i n t e r n a t i o n a l

organizations

w n i c h

have signified t h e i r willingness

t o

carry out the secretariat functions under this Convention.

A r t i c l e 2 5 . S u b s i d i a r y

B o d y

o n Scientific. T e c h n i c a l

a n d T e c h n o l o g i c a l

Advice

1 A

subsidia ry body for

t h e p r o v i s i o n o f s c i e n t i f i c

technical

a n d

t e c h n o l o g i c a l

advice

i s

hereby established

to

provide

the Conference of

t h e

Parties and,

as

appropriate,

its

other subsidiary bodies w i t h t i m e i y

advice

r e l a t i n g to the i m p l e m e n t a t i o n of

th is Convention. This

body

s h a l l b e

open

t o

participation

b y a l l

Parties

a n d

s h a l l

b e

m u l t i d i s c i p i i n a r y .

It

s h a l l

comprise

government representatives

competent

i n t h e

relevant

f i e l d o f

expertise.

I t s h a l l

report

r e g u l a r l y

t o

t h e Conference o f t h e Parties o n a i l aspects o f i t s work.

2. Under theauthorityof and in accordance withguidelines l a i d down

b y

th eConference of the Parties, andupon

i t s

request, thi s body s h a l l :

(a) Provide s c i e n t i f i c and t e c h n i c al assessments of the status

o f

b i o l o g i c a l

d i v e r s i t y ;

(b)

Prepare scie nti fic

and

technical

assessments of the

effects

of

types

of

measures taken i n accordance wi th

the

provisions

of t h i s

Convention;

(c)

Identify innovative,

e f f i c i e n t and

state-of-the-art

technologies and know-how

r e l a t i n g

to the

conservation

and sustainable

use

of

b i o l o g i c a l

d i v e r s i t y

an d

a d v i s e

on the

ways

and

means

of

promoting

d e v e l o p m e n t

and/or

t r a n s f e r r i n g

such technologies:

(d) Provide advice on

s c i e n t i f i c

programmes and

i n t e r n a t i o n a l

Cooperation in research and

d e v e l o p m e n t

related to conservation and

s u s t a i n a b l e

use of

b i ol o g i c a l

d i v e r s i t y and

(e)

Respond

to s c i e n t i f i c . technical.

technological

and

m e t h o d o l o g i c a l

questions that th e

Conference

of the Parties and its

subsidiary bodies may put to the body.

3 . The

functions, terms

of

refere nce, organization

and

operation

of

t h i s

body may be further elaborated by the

Conference

of the Parties.

17


20/30

A r t i c l e 2 6 . R e p o r t s

Each Contracting Party s h a l l

at

intervals

to be

determined

by the

Conference of the

Parties,

present to the Conference of theParties,

reports

on

measures which

it has

taken

for the

implementation

of the

provisions

of

this Convention

and

their effectiveness

in

meeting

th e

objectives of thisConvention.

A r t i c l e27. S e t t l e m e n t of D i s p u t e s

1 . In the

event

of a

disput e between Contracting Partie s concerning

the

interpretation

or

application

of t h i s Convention, thepartie s concerned

s h a l l seek solution

by

negotiation.

2. If the

parties concerned cannot reach agreement

by negotiation,

they

ma y joint ly seek the good office s of,

or

request mediation by, a third

party.

3 . When ratifying,

accepting,

approving

or

acceding

to

t h i s

Convention,

or at any

t i m e thereafter,

a

State

or

regional economic integration

organization maydeclare i n

w r i t i n g

to theDepositary that for adispute

not resolved in

accordance

w i t h

paragraph

i or

paragraph

2

above,

it

accepts

one or

both

of the f o l l o w i n g

means

of

dispute settlement

as

compu1sory:

(a)

Arbitration

i n

accordance with

th e

procedure

l a i d

down

in

Part

1 o f Annex I I ;

(b)

Submission

of the

dispute

to the

International Court

of

Justice.

4. If the

parties

to the

d i s p u t e have

not. in

accordance w i t h paragraph

3

above, accepted

the same or any

procedure,

the

dispute s h a l l

be

s u b m i t t e d to c o n c i l i a t i o n i n accordance with Part 2 ofAnnex

I I

unless

theparties

otherwise

agree.

5 . T h e provisions o f

t h i s A r t i c l e s h a l l

apply w i t h respect t o a n y

protocol

except asotherwise provided i n theprotocol concerned.

A r t i c l e28. A d o p t i o n of P r o t o c o l s

1

The

Contracting Parties

s h a l l

cooperate

in the

formulation

and

adoptionof protocols to this

Convention.

2. Protocols s h a l l be adopted at a meeting of theConference of the

Parties.

1 8


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3. The

text

of any proposed

protocol s h a l l

be communicated to the

Contracting Parties by the Secretariat at least s i x months before such a

meeting.

A r t i c l e

2 9 .

. A m e n d m e n t

o f t h e C o n v e n t i o n o r

Protocols

1 .

Amendments to thi s Convention may be proposedby any

Contracting

Party. Amendments to any protocol may be proposed by any Party to that

protocol.

2.

Amendments

to

th is Convention s h a l l

be

adopted

at a

meeting

of the

Conference

of the Parties. Amendments to any protocol s h a l l be adopted

at a meeting of the Parties to the Protocol in questi on. The text of any

proposed

amendment to this Convention or to any protocol, except as may

otherwise

b e provided i n such protocol, s h a l l b e communicated t h e

Parties to the instrumentin questionby thesecretariat at least

s i x

months before

t h e

meeting

a t

which i t

i s

proposed

f o r

adoption.

T h e

secretariat s h a l l alsocommunicate proposed amendments to the signatories

t o this Convention forinformation.

3. TheParties

s h a l l

make every effort to reach agreement ^n any

proposed

amendment

t o

thi s Convention

o r t o a n y

protocol

~ > y

consensus.

I f

al l

efforts

at

consensus have been

exhausted,and no

agreement

reached, the amendment s h a l l as a l a s t resort be adopted by a twothird

majority vote o f t h e Parties t o t h e instrument

i n

questionpresent a n d

voting a t t h e m e e t i n g , a n d

s h a l l

b e submitted b y t h e Depositary t o a l l

Parties for

r a t i f i c a t i o n , acceptance

or approval.

I . Ratification,acceptance o r approval o f amendments s h a l l h e notified

t o t h e Depositary i n w r i t i n g . Amendments adopted i n accordance w i t h

paragraph 3above s h a l l enter i n t o force among Parties having

accepted

them on the n i n e t i e t h day

after

the

deposit

of

instruments

of

r a t i f i c a t i o n ,

acceptance

o r

approval

b y a t

least

t w o

thirds

o f 1 h e

Contracting Parties

to

t h i s Convention

or of the

Parties

to the protocol

concerned. except

a s m a y

otherwise

b e

provided

i n

such

p r o t o c o l .

Thereafter

the

amendments

s h a l l

enter i nto force

for any

other Party

on

t h e ninetieth 'lay after that Party deposits i t s instrument o f

r a t i f i c a t i o n ,acceptance

or

approval

of theamendments.

5. For the purposes of

t h i s A r t i c l e .

Parties present and voting means

Partiespresent and casting an affirmative or negative vote.

A r t i c l e 3 0 .

A d o p t i o n

a n d

Amendment

o f

Annexes

T h e annexes t o thi s Convention o r t o a n y protocol s h a l l form a n

i n t e g r a l

part of the Convention or of such protocol, as the

case

may be.

and,

unless

expressl y provided otherwise, a reference to thi s Convention

or i t s

protocols

constitutes at the same t i m e a reference to any annexes

thereto. Such annexes

s h a l l

berestricted to procedural, scientific,

t e c h n i c a l

and

a d m i n i s t r a t i v e

matters.

1 9


22/30

2. Except as may be otherwise provided in any protocol

with

respect to

i t s annexes,

the

following procedure s h a l l apply

to the proposal,

adoption

an d

entry

into

force

of

a ddi tion al annexes

to this

Convention

or

of

annexes to any

protocol

:

(a) Annexes to

this

Convention

or

to any protocol

s h a l 1

be proposed

and

adopted according

to the

procedure

l a i d

down

in

A r t i c l e

29 :

(b) Any Party that i s unable to approve an additional annex to

this

Convention

or an

annex

to any

protocol

to

which

it is

Party s h a l l

so

notify

the

Depositary,

inwriting,

w i t h i n

one

year from

the

date

of the

communication

of the

adoption

by the

Depositary.

The

Depositary

s h a l l

withoutdelay notify a i l Parties

of any

such notifi catio n received.

A

Party may at any

time

withdraw a previous declaration of objection and

th e annexes

s h a l 1

thereupon enter into forcefo r that Party subject to

subparagraph (c)

below:

(c) On the

expiry

of one

year from

the

date

of the

communication

of

the

adoption

by the

Depositary,

the

annex s h a l l enter

i n t o

force

for

a l l

Parties to

this

Convention or to any

protocol concerned wh ich have

not

submitted a notification

i n accordance wit h

the

provisions

of

subparagraph

(b)

above.

3.

The

proposal.

adoption and entry

into

force of amendments to

annexes

t o this Convention

or to any

protocol s h a l l

be

subject

to the

same

procedure

as for the proposal.

adoption

an d

entry

into

force

of annexes

to the Convention or annexes to any protocol.

4. If an a d d i t i o n a l annex or an amendment to an annex i s related to an

amendment to

t h i s

Convention or to any

protocol.

theadditional

annex

or

amendment s h a l l

not

enter into force

until

such time

as the

amendment

to

the

Convention

or to the protocol

concerned enters

into

force.

Article 3 1 .

Right

t o V o t e

1

Except

as

provided

for

i n paragraph

2 below,

each Contracting Party

t o this

Convention

or to any

protocol s h a l l have

one

vote.

2. Regional economic integ ratio n organizations, in matters within their

competence,

s h a l l exercise their

right to

vote

witha number of

votes

equal to the

number

o f their

member States which

ar e

Contracting

Parties

to this

Convention

or the relevant protocol.

Such organizations s h a l l

not

exercise their right

to

vote

if

their member States exercisetheirs,

and viceversa.

Article

32. Relationship

between t h i s Convention

and Its

Protocols

1 . A

State

or a

regio nal economic integration organization

may not

become a Party to a

protocol

unless

it

i s

or becomes at the same

t i m e

a

Contracting Party to

this

Convention.

20


23/30

2 .

Decisions under an yprotocol s h a l l be taken

o n l y

by theParties to

theprotocol

concerned. Any Contracting Party that has not r a t i f i e d

accepted

or

approved

a

protocol

may

participate

as an

observer

in any

meeting of the parties tothat protocol.

Article 3 3 . Signature

This Convention

s h a l l

beopen forsignature at Rio de Janeiro by ail

States and any regional economic integration organization

f r o m

5 June

1992 u n t i l 14 June 1992, and at theUnited Nations Headquarters i n New

Yorkfro m 15 June 1992 to 4 June 1993.

A r t i c l e 3 4 . R a t i f i c a t i o n , A c c e p t a n c e o r A p p r o v a l

1 . This Convention

and any

protocol

s h a l l be

subject

to

r a t i f i c a t i o n .

acceptance or approval by

States

and by

regional economic integration

organizations. Instruments of

ratification,

acceptance

or approval

s h a l l

be deposited

w i t h

theDepositary.

2. Any organization referredto inparagraph 1above whic h becomesa

Contracting Party to this Convention or anyprotocol without any of its

member

States being

a

Contracting Party

s h a l l

be

bound

by

a l l

the

o b l i g a t i o n sunder

th e

Convention

or the

p r o t o c o l

as thecase may be. In

the case ofsuch organizations, one ormore ofwhose member States is a

Contracting

Party

to t h i s

Convention

or

relevant protocol.

the

organization and its member States

s h a l l

decide on t h e i r respective

r e s p o n s i b i l i t i e s for the performance of

t h e i r

obliga tions under the

Convention or

p r o t o c o l

as the case may be. In such cases, th e

organization and the member States

s h a l l

not beentitled toexercise

r i g h t s

under theConvention orrelevant protocol concurrently.

3.

In

t h e i r

instruments of

ratification,

acceptance or

approval,

the

organizationsreferred t o i n paragraph 1 above s h a l l declare t h e extent

o f t h e i r competence

w i t h

respect

to the

matters governed

by the

Convention or

t h e

relevant protocol. Fhese organizations s h a i

i a l s o

inform

t h e

Depositary

o f a n y

relevant modification i n

t h e

extent

o f

t h e i r

competence.

A r t i c l e

3 5.

A c c e s s i o n

1 .

This Convention and any protocol

s h a l l

be

open

for

accession

by

States and by regional economic integration organizations from the date

on

which

th e

Convention

or the

protocol concerned

is

closed

for

signature. The instruments of accession s h a l l bedeposited w i t h the

Depositary.

2. In

t h e i r instruments

of

accession,

the

organizations referred

to in

paragraph 1above

s h a l l

declare th eextent of their competence w i t h

respect to the matters governed by the Convention or the

relevant

protocol.

These organizations s h a l l also i n f o r m

the

Depositary

of any

relevant modification

in the

extent

of

t h e i r

competence.

21


24/30

3. The

provisions

of A r t i c l e 34,

paragraph

2.

s h a l l apply

to r e g i o n a l

economic integration organizations which accede to thi s Convention or any

protocol.

Article

3 6.

Entry Into Force

1 . This Convention s h a l l enter intoforce on theninetieth day after

the

date

of

deposit

of the t h i r t i e t h

instrument

of r a t i f i c a t i o n .

acceptance,

approval

or

accession.

2.

Any protocol s h a l l enter

i n t o

force on theninetieth day after th e

date

of

deposit

of the

number

of

instruments

of

ratification, acceptance,

approval

or

accession, specified

in

that

protocol,has

been deposited.

3.

For each Contracting Party whic h r a t i f i e s accepts or approves thi s

Convention or

accedes

thereto 'after the deposit of the t h i r t i e t h

instrument of ratification, acceptance, approval or accession, it s h a l l

enter

into

force

on the

ninetieth

day

after

the

date

of

deposit

by

such

Contracting Party of its instrument of

ratification,

acceptance, approval

or accession.

4. Any

protocol,

except

as otherwise provided in

such

protocol,

s h a l l

enter

into

force for a Contracting Party

that

ratifies, accepts or

approves that protocol or accedes thereto after its entry

into

force

pursuant to

paragraph

2 above. on the ninetieth day after the

date

on

which

that Contracting Party deposits its instrument of

r a t i f i c a t i o n

acceptance, approval or

accession,

or on the

date

on

which

this

Convention enters

i n t o

force for that Contracting Party, whichever s h a l l

be the l a t e r .

5 .

For the

purposes

of

paragraphs

1 and 2

above,

an y

instrument

deposited

by a

regional economic integration organization s h a l l

not be

counted as

a d d i t i o n a l

to those deposited by member States of such

organization.

Article

37.

Reservations

No reservationsmay be made to

t h i s

Convention.

A r t i c l e

38. Withdrawals

1 .

At any

t i m e

aftert wo years from thedate on which this Convention

has entered into force for a Contracting Party, that Contracting Party

may withdraw fromthe Convention by giving writtennotification to the

Depos

i tary.

2. Any such with drawal s h a l l take place upon expiry of one year after

thedate of its receipt by the Depositary, or on such

later

date as may

be

specified

in the

notification

of the withdrawal.

22


25/30

3 . A n y Contracting Party which withdraws f r o m

t h i s

Convention s h a l l h e

considered

a s

also having withdrawn from

a n y

protocol

t o

which i t

i s

party.

A r t i c l e 3 9 . F i n a n c i a l

I n t e r i m

A r r a n g e m e n t s

Provided that i t h a s been f u l l yrestructured i n accordance

w i t h

t h e

requirements o f

A r t i c l e

2 1 . t h e

G l o b a l

Environment

F a c i l i t y

o f t h e U n i t e d

Nations Development Programme,

the

United Nations Environment Programme

and the

International Bank

f o r

Reconstruction

and

Development s h a l l

be

t h e

insti tutio nal structure referred

t o i n

A r t i c l e

2 1 o n a n i n t e r i m

basis,

f o r

theperiod between theentry into forceof this Conventionand

t h e

first meeting

o f t h e Conference o f t h e

Parties

or u n t i l t h e

Conference o f t h e

Parties decides which institut ional structure

w i l l b e

designated i n

accordance

with

A r t i c l e

21.

A r t i c l e 40.

Secretariat

I n t e r i m A r r a n g e m e n t s

T h e secretariat t o b e provided b y t h e Executive Director o f t h e

united

Nations Environment

Programme

s h a l l

b e t h e

secretariat referred

t o

i n A r t i c l e 24,

paragraph

2. on an i n t e r i m

basis

for the

period between

t h e

entry into force

o f

t h i s

Convention

a n d t h e

f i r s t

meeting

o f t h e

Conference

of the

Parties.

A r t i c l e

41.

D e p o s i t a ry

The Secretary-General of the

United Nations

s h a l l

assume

the

functions of Depositary of th is Convention and any protocols.

A r t i c l e 4 2 .

Authentic

T e x t s

T h e

o r i g i n a l

o f

t h i s

Convention, o f which t h e Arabi c. Chinese.

E n g l i s h

French, Russian

and

Spanish texts

are

equally

authentic, s h a l l

b e

deposited w ith the Secretary-General of theUnited Nations.

I N WITNESS WHEREOF theundersigned, being dul y authorized to that

e f f e c t

have signed this Convention.

Done at Rio de Janeiro on t h i s fifth day of

June,

one thousand nine

hundred

and ninety-two.

23


26/30

A n n e xI

IDENTIFICATIONAND

MONITORING

1 .

Ecosystems

and

habitats: containing hig h diversit y, large numbers

of

endemic

or

threatened species,

or wilderness;

required

by

migratory

species; of

social,

economic, cultural

or

scie ntif ic importance:

or,

which are

representative, unique

or

associated with

key

evolutionary or

other

b i o l o g i c a l

processes:

2.

Species

and

communities whichare: threatened: w i l d relatives

of

domesticated

or

cult ivated species;

of medicinal,

agricultural or other

economic value;

or

social, scientific

or

c u l t u r a l importance:

or

importance

for

research into the conservation and sustainable use of

b i o l o g i c a l divers ity, suchas indicator species:and

3. Described genomes and genes of

s o c i a l

scientific or economic

importance.

24


27/30

Annex

I I

Part i

ARBITRATION

Article 1

The

claimant party

s h a l l

notify

the

secretariat that

the

parties

are

referring a

dispute

to

arbitration pursuant

to

A r t i c l e

27. The

notification

s h a l l state

th e

subject-matter

of

arbitration

and

i n c l u d e

i n particular,

the

articles

of the

Convention

or the protocol, the

interpretation

or application of

which

are at

issue.

If the

parties

do

no t

agree

on the

subject matter

of the

dispute before

th e

President

of

the

tribunal

is

designated,

the

arbitral tribunal s h a l l determine

the

subject matter. Th e secretariat s h a l l forward th e information thus

received to allContracting Partiesto thisConvention or to the protocol

concerned.

Article2

1

In

disputes between

two

parties,

th e

a r b i t r a l t r i b u n a l

s h a l l

consist

o f

three members. Each

of the

parties

to the

dispute

s h a l l

appoint

an

arbitrator and the twoarbitrators so appointed s h a l l designate by common

agreement

the

third arbitrator

wh o s h a l l be the

President

of the

tribunal. The l a t t e r s h a l l not be a national of one of theparties to

the

dispute,

nor

have

hi s

or her usual place

of

residence

in the

territoryof one of

these parties,

nor be

employed

by any ofthem, nor

have dealt with

the

case

in any

other capacity.

2. In disputes between more than two

parties,

parties in the same

interest

s h a l l appoint

one

arbitrator jointly

by

agreement.

3. Any

vacancy

s h a l l be f i l l e d in themanner prescribed for the i n i t i a l

appointment.

Article3

1 .

If the

President

of the

arbitral tribunal

has not

been designated

withintwo months of the appointment of the second arbitrator, the

Secretary-General of the

United Nations s h a l l

at the

request

of a party,

designate the President wit hi n a furthertwo-month period.

2. If one of the

parties

to the

dispute does

not

appoint

an

arbitrator

withintwo months of receipt of therequest, the other partymay inform

the

Secretary-General who s h a l l make the designation wit hin a further

two-monthperiod.

25


28/30

A r t i c l e

Th e

a r b i t r a i t r i b u n a l s h a l l render

it s

decisions

in

accordance w i t h

the provisions of this Convention, any proto cols concerned. and

international

aw.

Article5

Unless

the

parties

to the

dispute otherwise agree.

t.he

a r b i t r a l

tribunal

s h a l l determine its ownrulesof procedure.

A r t i c l e6

The a r b i t r a l

t r i b u n a lmay

at the

request

of one of the parties,

recommend essential

i n t e r i m measures

of

protection.

A r t i c l e

7

The

parties

to the

dispute s h a l l f a c i l i t a t e

the

work

of the arbitral

t r i b u n a l

and i n

p a r t i c u l a r using

a l l

means

a t

t h e i r d i s p o s a i s h a l l :

(a)

Provide i t w i t h a i l relevant documents, information

and

f a c i l i t i e s ; an d

(b) Enable

i t

whennecessary to c a l l witnesses or expertsand

receive their evidence.

Article 8

The partiesand the arbitratorsare underan o b l i g a t i o n to protect

the

confidentialityof any information they receive in confidence during

theproceedingsof the

arbitral tribunal.

Article

9

Unless

the

arbitral tribunal

dete rmines otherwise because

of the

particular circumstancesof thecase, thecosts of the t r i b u n a l

s h a l l

be

borne

by the

parties

to the

dispute

i n

equal shares.

The

t r i b u n a l s h a l l

keepa record of a i l itscosts, and s h a l l furnish a f i n a l statement

thereof to the parties.

A r t i c l e 1 0

Any

Contracting Party that

has an

interest

of a

l e g a l nature

in the

subject-matter

of the

dispute which

may be

affected

by the

decision

in

the case, may intervene i n theproceedings

with

the

consent

of the

tribunal.

26


29/30

A r t i c l e

i l

The tribunal may

hear

and determine

counterclaims

arising

d i r e c t l y

out of the subject-matter of the dispute.

A r t i c l e 1 2

Decisions both on procedure and substance of the a r b i t r a l t r i b u n a l

sha

i b e

taken

b y a

majority vote

o f i t s

members.

A r t i c l e

1 3

I f one of the parties to the dispute does not appear before the

a r b i t r a i tribunal

or

f a i l s

to

defend

it s

case,

the

other party

may

request

the

tribunal

to

continue

the

proceedings

and to

make

its

award.

Absence

of a

party

or a

failure

of a

party

to

defend

i t s

case

s h a l lnot

constitute

a bar to the

proceedings. Before rendering

i t s f i n a l

decis

full text convention on biological diversity

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